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Art. 170 Right to refuse to testify due to official secrecy
1 Public officials as defined in Article 110 paragraph 3 SCC84 and their auxiliaries as well as members of authorities and their auxiliaries may refuse to testify on secret matters communicated to them in their official capacity or which have come to their knowledge in the exercise of their office or their auxiliary activity.85 2 They must testify if they
3 The superior shall grant authorisation to testify if the interest in establishing the truth outweighs the interest in preserving secrecy. 85 Amended by Annex 1 No 8 of the Information Security Act of 18 Dec. 2020, in force since 1 Jan. 2023 (AS 2022 232, 750; BBl 2017 2953). 86 Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). |